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Agreement And Conditions Of Contract For Building Works
I need an Agreement and Conditions of Contract for Building Works for a 30-story commercial building project in Kowloon, Hong Kong, with a contract value of HKD 500 million and planned completion in March 2025, including specific provisions for green building certification and BIM requirements.
1. Parties: Identification and details of the Employer and the Contractor
2. Background: Context of the agreement and brief description of the construction project
3. Definitions and Interpretation: Detailed definitions of terms used throughout the contract and rules of interpretation
4. Contract Documents: Hierarchy and list of documents forming part of the contract
5. Contractor's Obligations: General and specific obligations of the contractor including quality standards and workmanship
6. Employer's Obligations: Responsibilities and obligations of the employer including site access and payments
7. The Contract Administrator: Role, powers, and duties of the contract administrator/architect
8. Time and Programme: Commencement, completion dates, extensions of time, and programming requirements
9. Variations: Procedures for handling changes to the works and valuation of variations
10. Payment Provisions: Payment terms, procedures, certificates, and retention provisions
11. Insurance and Indemnities: Required insurance coverage and indemnification obligations
12. Suspension and Termination: Grounds and procedures for suspension and termination of the works
13. Defects and Warranties: Defects liability period, rectification procedures, and warranty obligations
14. Dispute Resolution: Procedures for handling disputes including mediation and arbitration
15. General Provisions: Miscellaneous legal provisions including notices, governing law, and assignment
1. Performance Bond: Required when project value exceeds certain threshold or when employer requires additional security
2. Parent Company Guarantee: Included when contractor is a subsidiary company and additional financial security is required
3. Nominated Subcontractors: Required when employer wishes to nominate specific subcontractors for certain works
4. Sectional Completion: Included when different parts of the works have different completion dates
5. Liquidated Damages: Specific provisions for pre-determined damages in case of delay, if required
6. Environmental Protection: Additional environmental requirements beyond statutory compliance
7. Building Information Modeling (BIM): Included when BIM is required for the project
8. Government Regulations: Special provisions for projects involving government departments or regulations
9. Value Engineering: Included when specific provisions for cost optimization are required
10. Special Safety Requirements: Additional safety provisions beyond statutory requirements
1. Schedule 1: Contract Particulars: Key project information including contract sum, completion date, and parties' details
2. Schedule 2: Contract Drawings: List and copies of all drawings forming part of the contract
3. Schedule 3: Specifications: Detailed technical specifications for materials and workmanship
4. Schedule 4: Bills of Quantities: Detailed breakdown of quantities and rates for the works
5. Schedule 5: Schedule of Rates: Rates for valuation of variations and additional works
6. Schedule 6: Programme of Works: Detailed construction programme with key milestones
7. Schedule 7: Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
8. Schedule 8: Forms of Bonds and Guarantees: Templates for performance bond and other guarantees
9. Appendix A: Site Information: Details about the construction site including surveys and ground conditions
10. Appendix B: Quality Assurance Requirements: Specific quality control and assurance procedures
11. Appendix C: Health and Safety Requirements: Detailed health and safety requirements and procedures
12. Appendix D: Environmental Requirements: Environmental protection measures and compliance requirements
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Public Works
Urban Renewal
Healthcare Facilities
Educational Facilities
Legal
Construction
Commercial
Procurement
Project Management
Engineering
Risk & Compliance
Finance
Technical Services
Operations
Quality Assurance
Project Manager
Construction Manager
Contract Manager
Quantity Surveyor
Architect
Civil Engineer
Structural Engineer
Commercial Director
Legal Counsel
Risk Manager
Procurement Manager
Site Supervisor
Technical Director
Development Manager
Compliance Officer
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